Restitution of 138 n.i case

sheetal sachdeva (Querist) 13 August 2015 This query is : Resolved
As per Supreme court judgement of Dashrath Kumar my case u/s 138 NI Act was stopped , now I want to file restitution application can anyone help me with the format

Follow Query

Report Abuse

P. Venu (Expert) 14 August 2015
What do you mean by "stopped"?

sheetal sachdeva (Querist) 14 August 2015
Means the case need to pursue at the place of respondent's bank jurisdiction.As per Dasrath Kumar judgement

Rajendra K Goyal (Expert) 14 August 2015
Formats not provided.

Anirudh (Expert) 14 August 2015
Please note, the decision of the SC in Dasrath Kumar is not valid any more. Parliament has since amended the law to overcome the SC Decision.

Having said that, your post is not clear. In the Criminal case u/s. 138 there is no respondent. It is only complainant bank and accused. Therefore, your using the word respondent bank is quite confusing.

Please indicate you represent whom? The complainant bank or the accused?

sheetal sachdeva (Querist) 14 August 2015
complainant

sheetal sachdeva (Querist) 14 August 2015
what to do i want to reopen my case

Guest (Expert) 14 August 2015
All the Cases which have Reached A Crucial Stage Of Recording Of Evidence Should be Continued to Be Entertained Under the Said Courts where they are at Present And All Other Cases would be Returned to the Complainant to File a New Complaint with in 30 days of Return in the Court having the territorial Jurisdiction of the Drawee Bank.

SAINATH DEVALLA (Expert) 14 August 2015
Correctly mentioned by Mr.Rajkumar

Advocate/CS Sanjeev Kataria (Expert) 16 August 2015
You need to file the complaint within stipulated time period which you failed to do. it would be better to file civil suit for recovery of money. you can file summary suit if the cheque is dishonoured within 01 year, otherwise, to file normal civil suit if it is more than 01 year

sheetal sachdeva (Querist) 16 August 2015
I filed the suit initially within stipulateed time but as per dasrath Kumar my case was dismissed with order to file. At the jurisdiction of respondent bank. Now I came to know that the judgment is overruled so I want to reopen my case

Guest (Expert) 17 August 2015
Now you File In the Jurisdiction of the Complainant Please.

Advocate/CS Sanjeev Kataria (Expert) 17 August 2015
the complaint was to be filed within 30 days from the date of transfer order. go for the condonation of delay stating the appropriate ground